Before lodging a complaint please ensure that:
- You have raised the issue with your mediator / arbitrator / ASP and given him/her an opportunity to address your concerns
- The mediator / arbitrator / ASP is accredited with DiSAC (if the person is not accredited, you may not have recourse to DiSAC’s complaints procedures)
- You understand your mediator / arbitrator’s ethical and professional obligations, as set out in the Code of Professional Conduct (see this page)
Complaints about mediators and arbitrators
- Any person, body, or organisation (including a member of the Council) may make a complaint about an accredited mediator’s service or conduct.
- A complaint must be made in writing and signed by (or on behalf of) the complainant.
- Any complaint must be referred to the Accredited Service Provider(s) (‘ASP’) with whom the mediator is affiliated, and under whose auspices the process was conducted.
- If the ASP is satisfied that there is a complaint to be considered, but that it is a minor or technical breach, he/she shall see if the mediator can correct the alleged default.
- If the matter proceeds then the ASP will require the mediator to provide a formal written response to the complaint.
- The ASP must deal with the complaint in accordance with its internal complaints procedure, subject to the rules of natural justice.
- After dealing with the complaint the ASP shall forward details of the complaint and the outcome to the Council. There shall be no right of appeal to the Council against the decision of an ASP.
- Upon consideration of the report from the ASP the Council shall take such steps as it deems necessary, provided that the details of the report shall be published by the Council.
Complaints about Accredited Service Providers [ASP]
- Any person, body or organisation (including a member of the Council) may make a complaint to the Council about an ASP’s fitness to remain accredited. A complaint about fitness must be made in writing and signed by (or on behalf of) the complainant.
- A complaint under this heading can only be made on the ground that the organisation fails to comply with one of the requirements set out above for accredited ASPs. This is not a general complaints procedure. Any other complaint, for example about an organisation’s service, must be dealt with through that accredited organisation’s own complaints procedures
- Where an ASP or its officials, officers, directors or employees in the course of their duties is or are found by a court or tribunal in any country to have or to be engaged in unlawful activities, the Council Registrar shall lodge a complaint setting out details of the offence.
- Upon receipt of such a complaint the Council shall deal with the matter in any way it deems appropriate, subject to the rules of natural justice. A complaint shall not be considered by the Council unless the nature of the complaint is likely to raise a real rather than merely fanciful question as to the fitness of the ASP to remain accredited.